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HomeMy WebLinkAbout178-01 RESOLUTION1 • RESOLUTION NO. 178-01 A RESOLUTION APPROVING A SIX MONTH RENEWAL CONTRACT IN THE AMOUNT OF THIRTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($34,500.00) WITH COMMUNITY ACCESS TELEVISION, TO PROVIDE PUBLIC ACCESS TELEVISION SERVICES FOR THE FIRST HALF OF CALENDAR YEAR 2002. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a six month renewal contract in the amount of Thirty -Four Thousand Five Hundred Dollars ($34,500.00) with Community Access Television, to provide public access television services for the first half of calendar year 2002. Section 2. That the City Council hereby authorizes the Mayor or his duly authorized representative to sign such a contract with Community Access Television PASSED and APPROVED this 18th day of December, 2001. ATTEST: By: anes EATHER WOODRUFF, Ci Clerk APPROVED: By: //106/1 /1 DAN COODY, Ma • NAME OF FILE: CROSS REFERENCE: Resolution No. 178-01 • 12/18/01 Resolution No. 178-01 12/18/01 Six Month Renewal Contract with Community Access Television 11/13/01 Memo to Mayor Coody & City Council Members from Marvin Hilton, Cable Administrator, regarding Community Access Television Contract 11/02/01 Memo to Mayor Coody & City Council Members from Marvin Hilton, Cable Administrator, regarding Community Access Television Contract 12/04/01 Staff Review Form 12/20/01 Memo to Marvin Hilton, Cable Administrator, from Heather Woodruff, City Clerk NOTES: • PUBLIC ACCESS ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND ACCESS 4 FAYETTEVILLE, INC. A.K.A.COMMUNITY ACCESS TELEVISION Res. 178-01 ORM" THIS AGREEMENT is made and entered into thisl8th day of December , 2001, by and between the City of Fayetteville, a municipal corporation of the State of Arkansas (hereafter City), and Community Access Television, (hereafter Contractor) for the operation of the public access channel. SECTION I. CONTRACT PERIOD. A. The contract period shall begin the 1st day of January, 2002 and shall continue until the 30th day of June, 2002. SECTION II. SERVICES/DUTIES. A. The Contractor hereby agrees and shall be responsible for operating the public access channel, which shall entail the following: 1. Scheduling and teaching of video production and telecommunications workshops for the Fayetteville general public. 2. Scheduling of programs on the public access channel. 3. Cablecasting of programs on the public access channel. 4. Promoting use of the Public Access Channel. B. The Contractor shall provide, oversee, administer, and carry out all of the activities and services set out in this Agreement with such satisfactory performance as is determined solely by the City in accordance with all the terms, provisions and requirements of the Agreement. C. In furtherance of the above referenced services and duties, the parties hereby agree as follows: 1. Facility: a. The City shall provide a facility to which the Contractor shall have access for the performance of their duties hereunder. Such facility shall be known as the Access Center. 1 • • Res. 178-01 b. The City shall be responsible for the payment o f the Access Center utilities, routine building and grounds maintenance and maintenance of the structure. c. Use of the Access Center conference/breakroom will be scheduled through the City. 2. Copier: a. The Contractor may use the City's current copier at the Access Center for a charge of $.015 per copy. Additionally, the Contractor may use the copier located at the City Administration Building for the standard charge as is allocated per copy to the City Departments and Divisions. If the City upgrades the copier located in the Access Center, Contractor shall pay an adjusted charge per copy, up to, but not to exceed the standard City rate charged to City Departments and Divisions as determined annually. the City. b. Copy machine maintenance costs will be paid by 3 Video Equipment: a. The City and the Contractor shall each bear one-half of each separate maintenance expense incurred on the video equipment used by the Contractor. Contractor's total liability shall be limited to $1,000 cash and up to $1,000 in-kind maintenance on equipment. All in-kind maintenance shall be mutually agreed upon by City and Contractor. b. One camera, to be designated by the City, and one tripod shall not be available for public access checkout. The reserved equipment shall be used only for government production, Contractor's contract productions, and contractor's promotional programs. Use of the reserved camera and tripod will be as scheduled by the City. Additional reservation of equipment may be required should it be determined, by the City, that the equipment was not available as needed for government channel productions. c. The City will be responsible for scheduling use o f the equipment. After hours scheduling must be confirmed by the City the next business day before it is finalized. Weekend checkout of equipment must be confirmed with the City by 5:00 Friday afternoon. d. The Contractor is responsible for training all public access users on the equipment, certifying their ability to use the equipment, checking the equipment out to users, and checking it back into the facility. Contractor will make sure all o f the City's equipment used for public access purposes is checked - out and returned in good working order. Contractor will notify the City immediately of any problems with equipment. 2 • • Res. 178-01 e. All video production equipment owned by the City and used for public, educational and/or government access productions shall be covered under the City's insurance policy. 4. Phone: a. The City shall make available for Contractor's business use. responsible for reimbursing the City, on a this expense at a rate of $20 per month. b. Contractor shall be responsible for their own long distance telephone calls. one telephone line Contractor shall be quarterly basis, for costs their their c. Contractor shall be responsible for paying the of their listing in the telephone directory. d. Contractor shall be responsible for answering own phone line. Contractor will have an answering machine on line when they are unable to answer calls. e. Contractor shall not be required to answer the City's telephone lines at the Access Center. 5. Fees: a. There shall be no charge to citizens of Fayetteville for the use of cable casting time on the public access channel, nor for the use of the facilities or equipment. However, Contractor's fees and charges may apply for such services as, but not limited to, instructions on video production and internet use, video tapes, video tape duplication, annual producer's fee and contracts for video productions. 6. Other/Misc.: a. All communication between the City and the Contractor with regard to contractual matters will be directed through the Cable Administrator, or any other such representative as may be appointed by the City, and the Contractor's duly appointed representative. In the event of a disagreement over the administration of this agreement, either party may appeal to the Telecommunications board who shall make recommendations to the Mayor or City Council, as may be required. b. The use of alcohol, tobacco products, and illegal drugs is strictly prohibited in the Access Center. c. Contractor's and City's employees shall not park in the spaces in front of the Access Center. d. Contractor shall have at least one paid staff 3 • Res. 178-01 person or a designated volunteer in the Access Center whenever a program is being produced in the studio. Contractor shall have a paid staff person on site during the production of live programming at the Access Center. e. Contractor and City shall each bear one-half of the costs of supplies used by everyone in the facility's breakroom. f. Contractor's staff shall do their part to keep the Access Center clean by keeping the breakroom clean after use by their staff and public access users. g . Contractor shall be responsible for placing messages from non-profit groups and organizations on the public access channel. h . Contractor will follow the City's rules for the use of the Access Center. I. Live shows will be taped by the Contractor and held for four days. All other shows are on tape and available for review at the Access Center. The owners of the taped programs will be asked to leave them for four days if they are not in the tape library. Accurate cablecast logs will be kept by Contractor as proof of what programs were cablecast. 7. Ownership title to all capital acquisition, supplies, material or any other property purchased with funds received under this Contract, is vested with the City and possession of such property shall, upon termination of the Contract, revert to the City unless otherwise provided for by the City, in writing. Donations of goods to the Contractor remain with the Contractor. SECTION III. LEGAL AUTHORITY. A. The Contractor assures and guarantees that it possesses the legal authority to enter into this Agreement. Further, that the person or persons signing and executing this Contract on behalf o f the Contractor have been fully authorized by the Contractor to execute this Agreement on behalf of the Contractor. That such authority is evidenced pursuant to a proper, appropriate and o fficial motion and resolution, which was passed and approved specifically to enter into this Agreement and shall legally bind the Contractor to all the terms, performances and provisions herein set forth. A copy of such resolution shall be provided upon execution of this Agreement. B. The City may exercise its right to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either the Contractor or the person signing the Agreement to enter into this Agreement. The 4 1 • Res. 178-01 City shall not be obligated to pay Contractor for any performance of the provisions of this Agreement after the City has suspended or terminated this Agreement as provided in this Section. SECTION IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. A. The Contractor shall comply with all applicable laws, regulations, procedures and policies of the Federal, State and local governments. SECTION V. FUNDING/CONSIDERATION. A. Consideration. 1. The City hereby agrees to pay Contractor the monthly sum of $5,750 for services performed under the terms of this contract. Each monthly payment will be remitted on or before the 15th day of each month, beginning January 15th ,2002. SECTION VI. PROGRAMMING. A. Public access equipment shall be provided on a first come, first served, non-discriminatory basis, subject only to any restrictions set forth herein. Public access channel time shall be made available on a non-discriminatory basis, with consideration being given to an appropriate scheduling time. B. Contractor shall require access producers to sign an agreement warranting that the program they are submitting does not contain: 1. any violation of any state or federal law relating to obscenity; 2. any material that is libelous, slanderous, or other defamation of character, or an unlawful invasion of privacy; 3. any advertising or material which promotes any commercial product or service; 4. any use of material which violates copyright law; or, 5. any material contrary to local, state or federal laws, regulations, procedures and policy. SECTION VII. PERSONNEL. 5 • • Res. 178-01 A. Contractor shall adequately staff the public access operation to meet the services and duties outlined in this agreement B . During the contract period, the staff for the public, educational and government channels will be working together at the Access Center. The Contractor's staff will be expected to work in a cooperative manner with all groups using the facility. SECTION VIII. REPORTS AND INFORMATION. A. At such times and in such form as the City may require, the Contractor shall furnish such statements, records, reports, data and information, as the City may request and deem pertinent to matters covered by this Agreement. B . The City shall provide the Contractor with equipment usage forms which are to be completed by Contractor's staff as well as public access users each time equipment is used. Contractor is responsible for submitting these completed forms to the City within one working day after the equipment is used. C. Contractor shall submit quarterly reports on the operations of the public access channel to the City. D . Contractor shall submit an annual report which shall include a summary of all quarterly reports, review contract requirements and document compliance with contract requirements. The annual report will be due sixty (60) days following the end of the contract year. E . In addition to the above listed reports, the Contractor shall provide the following additional information to the City: 1. Reports of stolen or damaged equipment within one working day of learning of each occurrence. 2. Requests for changes in any procedures or rules pertaining to protection or preservation of City owned equipment and facilities. 3. All corporate documents, including but not limited to the Contractor's by-laws, articles of incorporation, certification of compliance with affirmative action plan and EEO standards, and a list of Board members. 4 Amendments or changes to programming policies. SECTION IX. AUDIT/REVIEW A. The Contractor agrees to provide the City with a 6 1 • Res. 178-01 monthly financial report summarizing activity during the preceding 30 day period. Said report shall include income and balance sheet statements. B. Contractor shall have a certified public accountant complete an official review of its financial records annually. This report shall be submitted to the City by the last day of the third month after the end of Contractor's fiscal year. SECTION X. ACCESSIBILITY OF RECORDS. A. At any reasonable time and as often as the City may deem necessary, the Contractor shall make available to the City, or any of its authorized representatives, all of Contractor's records related to all matters covered by this Agreement and shall permit the City to audit, examine, make excerpts and copies of such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to matters covered by this Contract. SECTION XI. INSURANCE. A. Contractor shall obtain and keep in force during the term of this agreement a policy or policies of public liability and property damage insurance. The coverage, at a minimum, shall be in the following amounts: 1. General Liability: a. General Aggregate b. Products/Completed Oper. Aggr. c. Personal & Advertising Injury d. Each Occurrence e. Fire Damage (any one fire) f. Medical Expense (any one person) $1,000,000 $1,000,000 $1,000,000 $100,000 $50,000 $5,000 2. Worker's Compensation for all employees as required by Arkansas Statutes. B. Contractor shall furnish the City with a certificate showing that such coverage has been obtained and is currently in effect. Contractor shall not change or cancel any policy of insurance obtained for the purposes of this agreement except after thirty (30) days written notice to City and written acceptance by the City of such changes or cancellation. SECTION XII. DIRECTOR'S MEETINGS 7 • • Res. 178-01 A. During the term of this Contract, the Contractor shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice and shall also include an agenda. B. Minutes of all meetings, if taken, and materials distributed in meetings of the Contractor's Board of Directors, or committees thereof, shall be submitted to the City. C. The Contractor's Board meetings and records shall be subject to the provisions of the Arkansas Freedom of Information Act, Ark. Code Ann., §25-19-101 et. seq. SECTION XIII. BONDING. A. The Contractor shall obtain a fidelity bond covering all persons handling funds received or disbursed and/or signing or co-signing checks to disburse funds under this Agreement, within ten (10) days of Contract execution. The fidelity bond shall be in an amount equal to ten percent (10%) of the City grant award or $5,000, whichever is less. The Contractor shall furnish the City proof of an adequate fidelity bond prior to the first payment of funds under this Agreement. SECTION XIV. EQUAL OPPORTUNITY. A. Contractor shall comply with all applicable equal opportunity, affirmative action and ADA laws or regulations, including those of the City of Fayetteville. B. The Contractor will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. C. In the event of the Contractor's non-compliance with the non-discrimination requirements of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Contractor may be debarred from further agreements with the City. SECTION XV. PERSONNEL POLICIES. A. Personnel policies shall be established by the Contractor and shall be available for examination by the City. Public access operations shall be open to the public the maximum hours permitted by resources available but at least forty (40) 8 • • Res. 178-01 hours per week. In planning these times, Contractor shall take into consideration the needs of the public to include evening and weekend hours. B. Upon termination of an employee by the City Cable Administrator, and in the event that the contractor's manager wishes to hire the employee over the objections of the Cable Administrator, an appeal of the action may be brought by the Cable Administrator to the contractor's Board of Directors. S imilarly, upon termination of an employee by the contractor, and in the event that the Cable Administrator wishes to hire the employee over the objections of the contractor's manager, an appeal of the action may be brought by the contractor's manager to the Telecommunications Board. SECTION XVI. CONFLICT OF INTEREST. A. The Contractor covenants that neither it nor any member o f its Board of Directors currently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed as a member o f its Board of Directors. B. The Contractor further covenants that no member of its Board of Directors or its staff or employees shall possess any interest in or use their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others particularly, those with which they have family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Agreement, shall: 1. Participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he has a personal financial direct or indirect interest; or 2. have any personal financial interest, direct or indirect, in this Agreement or the proceeds thereof. SECTION XVII. POLITICAL ACTIVITY. A. No portion of the funds received by the Contractor hereunder shall be used by the Contractor to directly produce any programs nor to participate in any Contractor -sponsored activities of a political nature (including, but not limited to, 9 1 • Res. 178-01 any activity to further the appointment, election, defeat or removal of any applicant, incumbent, or candidate for public office or any activity undertaken to influence the passage, defeat or final content of any legislation). However, Contractor will cablecast programs made by the public which express opinions on issues or candidates. SECTION XVIII. SECTARIAN ACTIVITY. A. No portion of the funds received by the Contractor here under shall be used by the Contractor to directly produce any programs nor participate in any Contractor -sponsored activities which establish any religion or prohibit the free exercise thereof. SECTION XIX. PUBLICITY. A. In any news release, sign, brochure, or other medium disseminating information prepared or distributed by or for the Contractor, mention shall be made of the City of Fayetteville having made the project possible, i.e. "'Community Access Television' is a project partially funded by the City of Fayetteville." SECTION XX. HOLD HARMLESS. A. It is expressly understood and agreed by both parties hereto that the City is contracting with the Contractor as an independent contractor and that as such, the Contractor shall save and hold the City, its officers, agents and employees harmless from all liability of any nature of any kind, including costs and expenses for, or on account of, any claims, audits exceptions, demands, suits or damages of any character whatsoever resulting from injuries or damages sustained by persons or property, resulting in whole or in part from the performance or omission of any employee, agent or representative of the Contractor. This Agreement shall not be construed in any manner or form as a waiver of that Tort Immunity as set out under Arkansas Law. SECTION XXI. USE OF CITY PROPERTY. A. Contractor hereby recognizes that it is performing services for the City on City -owned property and that while on such property, Contractor shall not engage in any activity that is not directly related to services provided pursuant to this Agreement. 10 • • SECTION XXII. OPERATIONAL POLICIES AND PROCEDURES. Res. 178-01 A. Contractor's policies relating to the use of City owned equipment and facilities shall be submitted to the Telecommunications Board for approval and may be reviewed periodically as needed. SECTION XXIII. CONTRACT ENTIRE AGREEMENT. A. This Agreement constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever unless properly executed in writing and if appropriate, recorded as a addendum to, or amendment of, this Agreement. SECTION XXIV. TERMINATION OF AGREEMENT. A. This contract may be terminated by either party with a thirty day written notice. SECTION XXV. SEVERABILITY. A. If any section, subsection, sentence, clause, phrase or word of this agreement is held to be invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or word will be deemed a separate, distinct and independent provision, and such holding will not affect the validity of the remaining provisions of this agreement. 11 • COMMUNITY ACCESS TELEVISION ATTEST: r By: • Res. 178-01 ReZ titre�7e,-- Title: ATTEST: am' dim AP_ CITY OF FPYETTEVITLE, ARKANSAS By: By: %per- `'�"JCa�l�f'*4� 8eather Woodruff, Cit Clerk 12 Dan Coody,Mayor • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: MAYOR COODY AND CITY COUNCIL MEMBERS FROM: MARVIN HILTON, CABLE ADMINISTRATOR- 1173 -a SUBJECT: COMMUNITY ACCESS TELEVISION CONTRACT DATE: November 13, 2001 The Telecommunications Board, at a special meeting on November 12, 2001, voted 5-0 to recommend to the City Council that Community Access Television be funded in the amount of $69,000 for 2002. The Telecom Board also recommended that the C.A.T. Board be encouraged to seek other funding sources. r FAYETTEVILLE THE CITY OF VAVEITEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: MAYOR COODY AND CITY COUNCIL MEMBERS FROM: MARVIN HILTON, CABLE ADMINISTRATOR SUBJECT: COMMUNITY ACCESS TELEVISION CONTRACT DATE: November 2, 2001 /1-02 -0/ The Telecommunications Board, at their November 2, 2001 meeting, voted 5-0 to recommend to the City Council that the contract with Community Access Television for public access television services be renewed for 2002. The contract for 2002 will be the final year of the five year period of automatic renewals. A new request for proposal will need to be issued for renewing the C.A.T contract for 2003. The Telecommunications Board will be making a recommendation for the amount of funding for "Community Access Television in the 2002 budget during the next week or so. The Telecommunications Board will present their recommendations at the November 20 City Council meeting. The present 2001 budget includes an amount of $69,000 annually for community access television. This is $6,000 more than the 2000 budget was. See the attached contract for public access television. M Fr 1 • • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW • STAFF REVIEW FORM l.7eceAtbge2y Ivo/ For the Fayetteville City Council meeting of Novspabir 42.0, 2001 FROM: Marvin Hilton Name Cable Administration Division Urban Development Department ACTION REQUIRED: Passage of a resolution accepting a contract with "Community Access public access television services for 2002. Television" for COST TO CITY. Lq,o40 Cost of this Request 1010-0600-5713 Account Number Project Number IWO? LI 601 -An IOU t'( -koo I . Funds Used To Date Remaining Balance Public Access Contract Category/Project Name Cable Administration Program Name General Fund BUDGET Budgeted tem � udget Adjustment Attached ZtuCetveA , 1%�2� Budget Manager (/ (1 -col Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: //4/ WO/ Date. In City torney Purchasing Officer Da Date GRANTING AGENCY: - rnal/l uditor ADA Coordinator Grant Coordinator 1101_01 t Date Date Date Administrative Services Director Mayor //—a2 -0e / Dat 11- Date Date Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: Orig Contract Number: s F • • STAFF REVIEW FORM - Page 2 Description Meeting Date Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grants Coordinator FAYETTEVA.LE THE CITY OF FAYETTEVIIEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • • To: Marvin Hilton, Cable Administration From: Heather Woodruff, City Clerk Date: December 20, 2001 Please find attached a copy of Resolution No. 178-01 approving a six month renewal contract with Community Access Television to provide public access television services for the first half of calendar year 2002. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Robert Emenegger, Community Access Television Board (%jib' b/2-2/-0/ c 010 03 Update Document Reference RES Date 12182001 City of Fayetteville Index Maintenance It Action III Ref. Taken Brief Description 178 12/26/2001 16:59:11 CAT/CONTRACT/COMMUNITY ACCESS TEL Enter Keywords • CONTRACT CAT COMMUNITY ACCESS TELEVISION TELEVISION RENEWAL CONTACT CABLE File Reference # mminirmr- Security Class Retention Type: Expiration Date • **** Active Date for Cont/Referred: Name Referred to • Cmdl-Return CmdB-Retention CmdS-Abstract Yes No Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.